Plans to relocate Melbourne’s wholesale market are set to proceed following a Supreme Court decision to overturn an injunction to prevent the move.
Justice James Elliott ruled to reject the injunction by store holders against the Melbourne Market Authority’s decision to move the market from Footscray to a new Epping site.
The store holders sought the injunction against the move, which would result in a rise in rent prices.
The average rent for fruit and vegetable stands at the Footscray market was $385 per square metre a year, which will rise to $435 at Epping.
In his conclusion Justice Elliott said he was “not unsympathetic to the store holders’ position”.
“It is fully understandable as to why the store holders would want to achieve as much certainty and continuity as possible, with as little risk as possible,” he said.
But Justice Elliott said there was no proper basis upon which the injunction could be continued.
Store holders must now sign their leasing documentation by 5pm on July 12, 2013.
Minister for Major Projects David Hodgett said the lifting of the injunction means the market can open in late 2014.
Mr Hodgett said the legal action was caused by “a small group of market store holders”.
He said the store holders were attempting to increase the “substantial subsidy” provided to operators who wished to relocate to Epping.
Market store holders are represented by Fresh State, which stands for over 90 per cent of the business owners.
Fresh State chief executive John Roach said his group represented a vast majority of store holders, and many operators who were not part of Fresh State supported the action.
Mr Roach said it was a “forced relocation” and rent rises were going to drive people out of business.
He said the store holders would most likely appeal the decision.
“We are waiting on further legal advice,” he said.
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